Florida Jens diary

[Joanna Connolly Solicitors]

I have emailed but no reply but I understand she is very busy
just really worried

I haven't received any email from you (I've checked my Junk folder too) so why not re-send it to the email address in my forum signature which is di@joannaconnollysolicitors.co.uk and I'll reply after the weekend

Di

[Joanna Connolly Solicitors]

I haven't received any email from you (I've checked my Junk folder too) so why not re-send it to the email address in my forum signature which is di@joannaconnollysolicitors.co.uk and I'll reply after the weekend

Di

We've now exchanged emails

Di

[Joanna Connolly Solicitors]

Debt 1

• Type of account (credit card/loan) Barclaycard
• Date commenced (ideally before Apr 2007) ???
• Approx balance. Approx 7000
• Date last paid (approximate date you last made a FULL payment) 2013
• Are you on arrangement or not paying. Was paying Stepchange till June 2018
• Status (default/in arrears/up-to-date) Default
• Account owner (who is writing to you, a DCA or the lender. DCA. PRA group

2013
statement received paid minimum payment
statement received nil paid
letter received stating they didn't receive payment

2014
statement received stating payment received via Stepchange
same every month for rest of year
letter sent advising situation not changed
letter received saying thank you for letter payments will stay same

2015
statement
statement
letter received section 87 (1)

2016
statement from PRA

2018
Stopped payments via Stepchange want to go Self managed
May CCA request made
postal order sent back with letter stating account on hold
letter from PRA stating unenforceable
letter received stating enclosed copy docs as requested. Received reconstituted copy, terms and conditions and a copy statement.


I emailed Niddy who advises unenforceable

I see that your last contractual payment was in 2013 but Barclaycard didn't send you a Default Notice until 2015. This prolongs the time the default will show on your CRA file by a couple of years. If they had defaulted you in 2013 (which they should have done) the whole account entry would vanish from your CRA file next year. However it will now remain on view until 2021.

No need to do anything about that now, but keep it in mind for the future.

The good news is Niddy says the credit agreement is unenforceable

Did the covering letter from PRA (in response to your CCA Request) admit that the credit agreement was reconstituted?

When you get the next letter from PRA update your thread for suggestions on your next step.

Di

[Joanna Connolly Solicitors]

Debt 2

• Type of account (credit card/loan) Overdraft Barclays
• Date commenced (ideally before Apr 2007) accounts opened 20+ years ago
• Approx balance. 1500
• Date last paid (approximate date you last made a FULL payment) ??
• Are you on arrangement or not paying. Was paying Stepchange till 2018
• Status (default/in arrears/up-to-date) Default
• Account owner (who is writing to you, a DCA or the lender. DCA. Barclays collections

2014
June letter from BARCLAYS received stating payment received via Stepchange
October letter from BARCLAYS Received stating payment received and accepted from Stepchange

2015
Letter received asking for 12 monthly review
Letter received accepting payments from Stepchange
letter received accepting new payments ( 90p more)

2016
Letter received thanking me for letting them know Stepchange are dealing with payments!
Letter accepting payments from Stepchange

2017
letter asking for 12 month review
letter accepting payment from Stepchange (£5 less)


2018
letter accepting new payment (80p more)
I sent a CCA not realising you cannot for overdrafts.
Letter sent by me offering F&F of £150.00
letter received stating not prepared to accept offer. Will reconsider if I can increase or provide further evidence of situation.
I sent letter offering £175.00 as a F&F
letter received stating again not prepared to accept etc... as before

What was Barclays response to your CCA Request? Did they ignore it or say it wasn't relevant?

Since 2012 banks have been renewing overdraft facilities on an annual basis. This makes them fall under s78 CCA (running account credit). Did Barclays send you a renewal in 2012/2013?

If this account was opened over 20 years ago Barclays may struggle to find the original paperwork which they would need to evidence their claim if it went to court.

Was this a sole account or a joint account? If the latter did you and Hubby open it together on the same day at the same time, or was it opened by only one of you and then the other was added to the account?

Update your thread if/when you hear anything from Barclays. Hopefully they'll sell you on now that you're not paying them every month.

Di

[Joanna Connolly Solicitors]

Debt 3

• Type of account (credit card/loan) Barclayloan Plus
• Date commenced (ideally before Apr 2007) 20th October 2011
• Approx balance. £3000
• Date last paid (approximate date you last made a FULL payment) 2013
• Are you on arrangement or not paying. Was paying Stepchange till 2018
• Status (default/in arrears/up-to-date) Default
• Account owner (who is writing to you, a DCA or the lender. DCA. PRA Group

2013
letter received from Barclays advising I had cancelled the DD
letter received advising missed a payment
Letter received Notice of Default section 87 (1)
letter received advising receipt of payment proposal


2014
letter received Arrears Notice
letter received Arrears Notice
statement received
letter received stating receipt of offer of payment
letter received Arrears Notice

2015
letter received Arrears Notice
letter from Barclays Arrears Notice
letter received from Barclays 12 month review
letter received advising they are in receipt of payment from Stepchange


2016
Arrears Notice received
Arrears Notice received
letter received from Barclays thanking us for providing details of Stepchange
letter received from Barclays advising offer of payment received
received from Barclays advising transfer to PRA Group
statement received from Barclays
letter received from Barclays saying transfer now complete
letter received from PRA Group saying they purchased debt
letter received from PRA Group section 86B
letter received from PRA Group statement of account

2017
letter received from PRA Group statement of account

2018
I sent a CCA request with £1 postal order
letter received back from PRA Group returning PO and account on hold
letter received from PRA enclosing copy documents as requested.
(sent all to Niddy who thinks enforceable)

I see that PRA may have sent you a Notice of Sum in Arrears (s 86B) in 2016. Is this the first time you've been sent one of these since you defaulted on the loan in 2013? Have you been sent any more Notice of Sums in Arrears since that one in 2016?

If it was defaulted in 2013 then the whole account entry should fall off the CRA files next year.

The credit agreement may be enforceable but there are many other reasons for a debt to be unenforceable.

Was this loan in joint names or a sole name, and was there PPI attached?

What was the purpose of this loan? Was it to consolidate other financial products which you may have had with Barclays or to purchase a car etc? How much was the loan at the outset?

Sorry for all the questions but it makes sense to take a holistic view of a debt in order to speculate on what may happen next.

Di

[Joanna Connolly Solicitors]

Debt 4

• Type of account (credit card/loan) MBNA Card
• Date commenced (ideally before Apr 2007) ????
• Approx balance. £5500
• Date last paid (approximate date you last made a FULL payment) 2013
• Are you on arrangement or not paying. Was paying Stepchange till 2018
• Status (default/in arrears/up-to-date) Default
• Account owner (who is writing to you, a DCA or the lender. DCA. LINK Financial

2013
letter received from MBNA advising account restricted as we told them about financial situation
Accepting payment from Stepchange

2014
letter received from MBNA notice of sum in arrears
Again as above
Again as above
Default notice 87(1)
letter asking if financial situation has changed
letter received Notice of sum in arrears
letter stating credit agreement terminated
letter advising they are selling account
letter received from Link advising they have account now
letter received from Link advising offer received to them via Stepchange

2015
letter received from Link statement of account

2016
letter from Link statement of account
letter from Link statement of account

2017
letter from Link statement of account
letter from Link statement ofaccount

2018
I sent CCA request with PO for £1
NO reply as yet

Do you have any idea when you opened this credit card account? And can you remember how you opened it or whether it was a branded card?

MBNA frequently added PPI to accounts so see if you recall having done that.

At the moment Link have not responded to your CCA Request. I don't know what date you sent it but if they've not produced the credit agreement within the statutory time-frame then this debt will be unenforceable until or unless they do comply.

If this account was defaulted in 2014 it won't fall off your credit file until 2020 - not long to go

Di

[Joanna Connolly Solicitors]

Debt 5

• Type of account (credit card/loan) Barclaycard
• Date commenced (ideally before Apr 2007) ????
• Approx balance. £1900
• Date last paid (approximate date you last made a FULL payment) 2013
• Are you on arrangement or not paying. Was paying Stepchange till 2018
• Status (default/in arrears/up-to-date) Default
• Account owner (who is writing to you, a DCA or the lender. DCA. PRA Group

2013
statement received from Barclaycard
letter received thanking me for letting them know about stepchange

2014
Monthly statements received
letter from Barclaycard advising they have had payment offer from stepchange

2015
Monthly statements received
Default letter 87 (1)
letter from Barclaycard Formal Demand
as above
letter advising account transferring to PRA Group
letter advising account now closed
letter from PRA Group saying they have purchased account

2016
letter from PRA statement of account

2017
Letter from PRA account summary

2018
I sent CCA request with £1 PO
I received PO back with PO account of hold
letter from PRA enclosing some documents but stating unenforceable
letter enclosing copy documents as requested
emailed to Niddy - he thinks UE

Yet again Barclaycard didn't default you until around two years after you made your last monthly contractual payment.

Can you remember when you opened the account and whether it was Barclaycard from the outset or could it have been Egg, Goldfish or Morgan Stanley Dean Witter?

You have a letter from PRA stating the account is unenforceable so keep that safe.

Post on your thread if they send you any more documents which could change the current unenforceable status.

Di

[Joanna Connolly Solicitors]

Debt 6 last one the biggy

• Type of account (credit card/loan) Barclayloan
• Date commenced (ideally before Apr 2007) Jan 2013
• Approx balance. £18,500
• Date last paid (approximate date you last made a FULL payment) 2013
• Are you on arrangement or not paying. Was paying Stepchange till 2018
• Status (default/in arrears/up-to-date) Default
• Account owner (who is writing to you, a DCA or the lender. DCA. PRA Group

2013
letter received advising DD cancelled
letter received 87 (1)
letter advising proposal from Stepchange
statement received

2014
letter arrears notice
advising receipt of payment from Stepchange
Arrears notice
statement

2015
arrears notice
receipt of payment from stepchange
arrears notice
advising re kept of payment proposal
statement

2016
arrears notice
arrears notice
thanks us for letting them know about Stepchange
letter advising transferring account to PRA
statement
letter from PRA advising purchased account
letter from Barclays advising formal notice of transfer

2017
letter from PRA account summary
letter from PRA 86B

2018
I requested CCA with £1 PO
they sent back PO account on hold
letter enclosing copy statements but stating
they are currently unable to provide a copy of original agreement so cannot satisfy my request. This does not mean that debt has been written off despite being unenforceable!!!!!

I would just mention that loans except the biggy were all done online

And now the 'biggy' as you call it

If this loan wasn't opened online, then how was it opened?

I see it was opened in January 2013 and also defaulted in the same year so what is the backstory of this debt?

It's good news that PRA have admitted the debt it's currently unenforceable because they don't have the documentation they need to comply with your s77-79 CCA Request. It's basically time to hold your breath until they make the next move if/when they source or reconstitute the paperwork. I doubt they'll walk away without making an effort. We'll see.

Di

[Floridajen]

I see that your last contractual payment was in 2013 but Barclaycard didn't send you a Default Notice until 2015. This prolongs the time the default will show on your CRA file by a couple of years. If they had defaulted you in 2013 (which they should have done) the whole account entry would vanish from your CRA file next year. However it will now remain on view until 2021.

No need to do anything about that now, but keep it in mind for the future.

The good news is Niddy says the credit agreement is unenforceable

Did the covering letter from PRA (in response to your CCA Request) admit that the credit agreement was reconstituted?

When you get the next letter from PRA update your thread for suggestions on your next step.

Di

Hi Di, the letter from PRA following my CCA request first stated that it was unenforceable as they were awaiting further documents. I then received another letter strangely dated the next day!!! Saying they are enclosing documents as requested. This was a reconstituted copy of credit agreement and copy of terms. Please contact them within 10 days etc

[Floridajen]

What was Barclays response to your CCA Request? Did they ignore it or say it wasn't relevant?

Since 2012 banks have been renewing overdraft facilities on an annual basis. This makes them fall under s78 CCA (running account credit). Did Barclays send you a renewal in 2012/2013?

If this account was opened over 20 years ago Barclays may struggle to find the original paperwork which they would need to evidence their claim if it went to court.

Was this a sole account or a joint account? If the latter did you and Hubby open it together on the same day at the same time, or was it opened by only one of you and then the other was added to the account?

Update your thread if/when you hear anything from Barclays. Hopefully they'll sell you on now that you're not paying them every month.

Di

Hi Di, no response was received from my CCA but they did reply two my F & F offers with a big fat NO unless I increase it or provide further evidence of my situation?
I cannot locate renewal paperwork from 2012/13.
We think this was originally my husbands account and I then got added on but this was over 25 years ago.
I will update if I hear anything from them

[Floridajen]

I see that PRA may have sent you a Notice of Sum in Arrears (s 86B) in 2016. Is this the first time you've been sent one of these since you defaulted on the loan in 2013? Have you been sent any more Notice of Sums in Arrears since that one in 2016?

If it was defaulted in 2013 then the whole account entry should fall off the CRA files next year.

The credit agreement may be enforceable but there are many other reasons for a debt to be unenforceable.

Was this loan in joint names or a sole name, and was there PPI attached?

What was the purpose of this loan? Was it to consolidate other financial products which you may have had with Barclays or to purchase a car etc? How much was the loan at the outset?

Sorry for all the questions but it makes sense to take a holistic view of a debt in order to speculate on what may happen next.

Di

Hi Di, we did receive arrears notices prior to 2016 since then we have had statement of account from PRA. LOAN is in my husband's name with no PPI. LOAN was for £8000 used to consolidate other loans all with Barclays. This was opened in 2011. Opened online.

[Floridajen]

Do you have any idea when you opened this credit card account? And can you remember how you opened it or whether it was a branded card?

MBNA frequently added PPI to accounts so see if you recall having done that.

At the moment Link have not responded to your CCA Request. I don't know what date you sent it but if they've not produced the credit agreement within the statutory time-frame then this debt will be unenforceable until or unless they do comply.

If this account was defaulted in 2014 it won't fall off your credit file until 2020 - not long to go

Di

Hi Di, we have no idea when this was opened it was originally an MBNA card. No PPI that we recall (should we check?) . No response from CCA request which was sent on 14/05/2018.

[Floridajen]

Yet again Barclaycard didn't default you until around two years after you made your last monthly contractual payment.

Can you remember when you opened the account and whether it was Barclaycard from the outset or could it have been Egg, Goldfish or Morgan Stanley Dean Witter?

You have a letter from PRA stating the account is unenforceable so keep that safe.

Post on your thread if they send you any more documents which could change the current unenforceable status.

Di

Hi Di, cannot remember when opened. It was a Barclaycard from the outset. No further letters to date

[Floridajen]

And now the 'biggy' as you call it

If this loan wasn't opened online, then how was it opened?

I see it was opened in January 2013 and also defaulted in the same year so what is the backstory of this debt?

It's good news that PRA have admitted the debt it's currently unenforceable because they don't have the documentation they need to comply with your s77-79 CCA Request. It's basically time to hold your breath until they make the next move if/when they source or reconstitute the paperwork. I doubt they'll walk away without making an effort. We'll see.

Di

Hi Di, if we remember correctly this was opened via the telephone after a conversation with barclays about consolidating. No further letters to date.

Can I just add to this one that we thank you and everyone so very much for your advice and help xx much appreciated

[Floridajen]

Hi Di, if we remember correctly this was opened via the telephone after a conversation with barclays about consolidating. No further letters to date.

Can I just add to this one that we thank you and everyone so very much for your advice and help xx much appreciated

No reply from Di. Can anyone advise? Thanks